City of Bellingham Municipal Code

16.55.030 - JURISDICTION

A. The City shall regulate all clearing, grading, land use, construction and final occupancy within Critical Areas and their required buffers consistent with best available science and the provisions of this Chapter.

Critical Areas regulated by this Chapter include:

1. Wetlands as designated in BMC 16.55.270;

2. Critical aquifer recharge areas as designated in Critical Aquifer Recharge Areas [BMC 16.55.360];

3. Frequently flooded areas as designated in Frequently Flooded Areas [BMC 16.55.370];

4. Geologically hazardous areas as designated in Geologically Hazardous Areas [BMC 16.55.410]; and

5. Fish and wildlife habitat conservation areas as designated in Fish and Wildlife Habitat Conservation Areas [BMC 16.55.470].

6. Critical Areas of Local Significance. Critical Areas of local significance and the criteria to adopt same, as defined herein, may be designated by City Council resolution. In order to designate a Critical Area of local significance, City Council must find that the area meets the following criteria:

a. Designation of the critical area is consistent with specific adopted Bellingham Comprehensive Plan goals and policies; and one or more of the following:

i. The habitat or species could be extirpated from Bellingham if protection measures are not applied;

ii. The effect of the critical area designation on the remaining buildable vacant land supply can be demonstrated;

iii. The specie and/or critical area represents a unique and highly valued attribute to the community.

The City Council resolution shall include specific protection measures for the critical area of local significance based on best available science.